Category Archives: Private search

W.D.Mo.: Stopping def on the street because he vaguely matched the description of an assailant from three days earlier lacked RS

Defendant was approached on the street as he was walking past the police station because he was the same race as a man who was a suspect in an assault three days later. He gave his first name but kept … Continue reading

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TX14: Private search in Texas not subject to statute exclusionary rule

Defendant’s girlfriend accessed his cell phones: his Android wasn’t password protected but his iPhone was but she knew the password. This was a private search, and the Texas statutory exclusionary rule doesn’t apply. Thomas v. State, 2017 Tex. App. LEXIS … Continue reading

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TX4: Seizure and search of teacher’s cell phone by school administrator was private and not subject to TX statutory exclusionary rule

Defendant was a substitute teacher, and his cell phone was used to upskirt girls in the school. Some of the students figured it out and reported it to the school administration. One of the administrators confronted defendant and he admitted … Continue reading

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DC: Time and proximity to a crime are important in RS, but here it was lacking

Time and proximity are important in the reasonable suspicion calculus. The closer in time with proximity to the scene of a crime, the more likely the suspect is involved in the suspected or already occurred criminal activity. Here, however, two … Continue reading

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CA9: Getting some public funds doesn’t make a private actor public

A private school ejected plaintiff and he sued on several grounds. His Fourth Amendment claim (sounds problematic on its face) is rejected because the school is not a state actor despite receiving some federal funds. Nkwuo v. Angel, 2017 U.S. … Continue reading

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CA3: State court loss of suppression motion as private search was collateral estoppel to § 1983 case

Plaintiff was a student in a private university, and the RA in his dorm smelled burning marijuana in the hallway and narrowed it to plaintiff’s room. The next day, university security searched his room, and he was charged in the … Continue reading

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OH7: Bounty hunters have no license to enter as police officers do under state statute

While LEOs have the authority to break and enter to arrest a fugitive when they have an arrest warrant, state law grants no such power to bondsman. Conviction for criminal damaging affirmed for kicking in two doors, and the fugitive … Continue reading

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ND: Entry by bail bond bounty hunters with police at perimeter declining to help was a private search

Three bail bond bounty hunters arrived at defendant’s house to take defendant’s brother into custody. Getting no response at the door, they called police for backup. Officers arrived and confirmed that they had a warrant for defendant’s brother and agreed … Continue reading

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S.D.Cal.: Google’s email search scanning for CP was a private search; DHS’s separate search was “not a significant expansion”

Google’s scanning of email for child pornography is a private search. The DHS review of defendant’s emails wasn’t a significant expansion of the private search. United States v. Wilson, 2017 U.S. Dist. LEXIS 98432 (S.D. Cal. June 26, 2017):

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E.D.Ky.: Google not a state actor when it scans email for CP and reports it

Google scans all its email for child porn hash values, examines those that are suspect, and reports it to NCMEC. Neither Google nor NCMEC are government actors. United States v. Miller, 2017 U.S. Dist. LEXIS 97383 (E.D. Ky. May 19, … Continue reading

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CA9: Entry by def’s bondsman was by contractual consent; gun not suppressed

Defendant was arrested in his home by his bondsman retaking him, and the bondsman recovered a gun. Defendant was a felon. Defendant consented in advance to being retaken by his bondsman, and that was essentially consent in advance. United States … Continue reading

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TX: Dorm RA couldn’t consent to police entry to dorm room to search for drugs

An RA in a college dorm searched defendant’s room and found drugs. The police were called and they entered the room and seized the drugs. There is no dorm room exception to the Fourth Amendment. This is not the same … Continue reading

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